Clarence Wheeler v. Hennessy Industries

This appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (Supp. 2007) for a hearing and a report of findings of fact and conclusions of law. It involves an employee with a pre-existing medical condition who sustained a work-related injury. The employer terminated the employee after he failed to report for work or call in after he had been released to return to work without conditions.  Following a bench trial, the Circuit Court for Davidson County found that the employee had sustained a work-related injury that had aggravated a pre-existing condition. The trial court also determined that the employee had not made a meaningful return to work and, therefore, that the cap on benefits in Tenn. Code Ann. § 50-6-241(a)(1) (2005) did not apply. The trial court also determined that the employee was one hundred percent permanently partially disabled. The employer has appealed. While we affirm the trial court’s finding that the employee sustained a compensable injury, we vacate the finding that the employee had not had a meaningful return to work and that the employee was one hundred percent permanently partially disabled. Accordingly, we remand the case to the trial court for further proceedings consistent with this opinion.